USCIS Issues Final Guidance on When to File an Amended/New H-1B Petition after Matter of Simeio Solutions, LLC

On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition.

On May 21, 2015, USCIS issued draft guidance on this topic and solicited public comment regarding the implementation of Simeio.

On July 21, 2015, USCIS issued final guidance on the implementation of the AAO precedent decision in Matter of Simeio Solutions, LLC for when an amended or new H-1B petition is required. This memo is effective immediately. Memo includes information and deadlines for becoming compliant with Simeio.